military

Anything pertaining to war or to the army.

Pertaining to war or to the army; concerned with wav. Also the whole body of soldiers; an army.

— Military bounty land. See Bounty.

— Military causes. In English law. Causes of action or injuries cognizable in the court military, or court of chivalry. 3 Bl. Comm. 103.

— Military commissions. Courts whose procedure and composition are modeled upon courts-martial, being the tribunals by which alleged violations of martial law are tried and determined. The membership of such commissions is commonly made up of civilians and army officers. They are probably not known outside of the United States, and were first used by General Scott during the Mexican war. 15 Amer. & Eng. Enc. Law, 473

— Military courts. In England the court of chivalry and courts-martial, in America courts-martial and courts of inquiry, are called by this general name.
—-Military feuds. See Feud.

— Military government. The dominion exercised by a general over a conquered state or province. It is a mere application or extension of the force by which the conquest was effected, to the end of keeping the vanquished in subjection; and being derived from war, is incompatible with a state of peace. Com. v. Shortall, 206 Pa, 165, 55 Atl. 952, 65 In R. A. 193, 98 Ain. St Rep. 759.

— Military jurisdiction. "There are, under the constitution, three kinds of military jurisdiction,—one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United Slates, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be calied 'jurisdiction under military law,' and is found in acts of congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as 'military government,' superseding, as far as may be deemed expedient, the local law, and exercised by the military commander under the direction of the president, with the express or implied sanction of congress; while the third may be denominated 'martial law proper,' and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection or invasion. or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights." Per Chase, C. J., in Ex parte Milligan, 4 Wall. 141, 18 L. Ed. 281,

— Military law. A system of regulations for the government of an army. 1 Kent, Comm. 341, note. That branch of the laws which respects military discipline and the government of persons employed in the military service. De Hart, Mil. Law, 16. State v. Rankin, 4 Cold. (Tenn.) 156; Johnson v. Jones, 44 111. 153, 92 Am. Dec. 159; In re Bogart, 3 Fed. Cas. 801; Neall v. U. S., 118 Fed. 704, 56 C. C. A. 31.

— Military offenses. Those offenses which are cognizable by the courts military, as insubordination, sleeping on guard, desertion, etc.

— Military state. The soldiery of the kingdom of Great Britain.

— Military tenures. The various tenures by knight-service, grand-serjeanty, cornage, etc., are frequently called "military tenures," from the nature of the services which they involved. 1 Steph. Comm. 204.

— Military testament. See Testament.

Pertaining to war, to the army, to soldiers. Military law: a system of regulations for the government of an army, — quite distinct from martial law. ' In American law. Military government: government, under the constitution, of the army; in time of foreign wars, or of rebellion against the general government, in place of the local law; in time of invasion or of insurrection within a loyal state, which may be called martial law proper. Military lands, military bounty lands: lands granted to soldiers for millitary services. ^ In English law. Military causes: causes of action or injuries cognizable in the court military, or court of chivalry. Military courts: the ancient court of chivalry and modern courts martial.

In old English law. Military fends, fiefs or fees: the genuine or original feuds or feudal estates, which were all of a military nature. Military tenures: tenures by knight service and escuage, which were abolished by the statute 12 Car. II., c. 24.

was a court not of record, held before the lord high constable and earl mar- K shal of England. It had jurisdiction, both civil and criminal, in deeis of arms and war, armorial bearings, questions of precedence, etc., and as acourt of honor. It has long been disused. 3 Bl. Comm. 103; 3 Steph. Comm. 335, note 2.

See Maetial; Militia; War. Pertaining to soldiers in war, or to war; relating to the army. Military bounty-lands. See Bounty. Military cause. A cause arising out of the military law. Military court or tribunal. A court for the administration of the military law; a court-martial. A military tribunal exists under the Constitution in time of war. Should Congress fail to create such tribunals, they must be constituted and proceed according to the laws and usages of civilized warfare. In time of peace they may exist only under the power in Congress " To make Eules for the Government and Eegulation of the land and naval Forces." " See Judge- ABTOOATE. Civil courts have no authority to review, or in any manner interfere with, the action of military tribunals regularly engaged in the exercise of their appropriate jurisdiction. Thus, the civil com'ts cannot discharge a minor, who enlisted in the army in violation of Rev. St. § 1117, who is in custody, awaiting trial before a court-martial, upon a charge of deseftion.^ Military government or jurisdiction. There are under the Constitution three kinds of military jurisdiction: one to be exercised both in peace and war; another to be exercised in time of foreign war outside the boundaries of the United States, or in time of rebellion and, civil war within the States or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of States maintaining adhesion to the National Government, when the public danger requires its exercise. The first, which may be. called jurisdiction under " military law," is found in acts of Congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second, which may be distinguished as "military government," supersedes, as far as may be deemed expedient, the local law, and is exercised by the military commander under the direction of the President, with the express or implied sanction of Congress; while the third, which may be denominated "martial law" proper, is called into action by Congress, or tempora- ' Be Crittenden, 2 Flip. 213 (1878). ' Military Commissions, 11 Op. Att-Gen. 298 rily, when the action of Congress cannot be invited, and in the case of justifying or excusing peril, by the President, in times of insurrection or invasion, or of civil or foreign war, within districts where ordinary law no longer adequately secures public safety and private rights.* Military law. Regulations for the government of persons eniployed in the army; the law applicable to military service and affairs. The body of the military law of the United States is contained in the " Act establishing rules and articles for the government of the ' armies of the United States," approved April 30, 1806, with supplements thereto. The first section of the act contains one hundred and one articles (whence called " the articles of war"); it describes the various offenses, the punishments to be infiicted, and the manner of summoning, as well as the organization of courts-martial.'' There are also various usages which constitute an unwritten law, for application to cases in which there are no express provisions.' See Martial, Law. Military offenses. The common-law distinction between felonies and misdemeanors does not apply to military offenses. A homicide committed by a military guard, without malice, while performing his supposed duty, is excusable, unless manifestly beyond the scope of his authority, or such that a man of ordinary sense would know was illegal. The circuit courts have jurisdiction of a homicide committed.within a military reservation.* Military pest or station. See Station. Military service. Employment in the army or in matters connected with war.s Military tenures. See Feud. Military testament. The will of a soldier in service. See Will, 2 Nuncupative.

Pertaining to war or to the army; concerned with war. The word is quite generally used in antithesis to naval; yet in many of its applications the navy, so far as that branch is a means of war, may be deemed included. Military-bounty land. In the United States, bounties have by several laws been granted to soldiers for services in the army, payable not in money, but in a certain quantity of the public land. Lands designated for the satisfaction of these grants, or taken up in discharge of these claims, are termed military-bounty lands; and the warrant issued to the soldier, by locating which he obtains his land, is called a military- Military cause. A cause or controversy arising out of the law governing the army, or out of the laws of war, and so cognizable within a class of courts charged with the administration of those laws. In England, military causes are, by Stat. 13 Rich. II. ch. 2, passed in 1389, declared to be such causes as relate to contracts touching deeds of arms and of war, as well out of the realm as within it, which cannot be determined or discussed by the common law. Mozley §• W. Military court, or tribunsJ. One of the courts which have cognizance of controversies and offences arising under militai-y law; in this country these are chiefly courts-martial. The term military courts, in English usage, includes, 1. The court of chivalry, whicli was a court of honor, and is now practically obsolete; 2. Courts-martial, having jurisdiction to try and to punisli offences committed against the articles of war and the mutiny acts; 3. The courts which, under the name of courts-martial, execute martial law upon offenders in time of war. Mozley ^ W. The only military court known to, and established by, the permanent laws of the land is the court of chivalry, formerly held before the lord high constable and earl marshal of England jointly; but since the attainder of Stafford, Duke of Buckingham, under Henry VIII., and the consequent extinguishment of the office of lord high constable, it lias usually, with respect to civil matters, been hold en before the earl marshal only. Jacob. A military tribunal exists under and according to the constitution in time of war. Congress may prescribe how all such tribunals are to be constituted, what shall be their jurisdiction and mode of procedure. Should congress fail to create such tribunals, then, under the constitution, they must be constituted according to the laws and usages of civilized warfare. They may take cognizance of such offences as the laws of war permit; they must proceed according to the customary usages of such tribunals in time of war, and inflict such punishments as are sanctioned by the practice of civilized nations in time of war. In time of peace, neither congress nor the military can create any military tribunals, except such as are made in pursuance of that clause of the constitution which gives to congress the power " to make rules for the government of the land and naval forces." In time of war their power is more extensive. 11 Op. Att.-Gen. 297. Military feud. In old English law, the original estates of a feudal nature, strictly military sei-vice, were distinguished as military feuds. Military forces. The regular standing army and the militia, taken together. Military jurisdiction. There are, under the constitution, three kinds of military jurisdiction; one to be exercised both in peace and war; another to be exercised in time of foreign war without the boundaries of the United States, or in time of rebellion and civil war within states or districts occupied by rebels treated as belligerents; and a third to be exercised in time of invasion or insurrection within the limits of the United States, or during rebellion within the limits of states maintaining adhesion to the national government, when the public danger requires its exercise. The first of these may be called jurisdiction under military law, and is found in acts of congress prescribing rules and articles of war, or otherwise providing for the government of the national forces; the second may be distinguished as mi Utary government, superseding, as far as may be deemed expedient, the local law, and exercised by the mi Utary commander, under the direction of the president, with the express or implied sanction of congress; while the third may be denominated martial law proper, and is called into action by congress, or temporarily, when the action of congress cannot be invited, and in the case of justifying or excusing peril, by the president, in times of insurrection and invasion, or of civil or foreign war, within districts or localities where ordinary law no longer adequately secures public safety and private rights. Per four justices in Exp. MUligan, 4 Wall. 2, 141. Military law. That system of statutes, regulations, and principles by which the army and its persons and affairs (also, to some extent, those of the navy) are governed; that branch of the laws which applies to military service and duties. Military and martial law must be distinguished. Martial law is the temporary control and government exercised over all classes of persons by the military forces while they supersede civil administration. Military law is a permanent branch of the general laws of the land, limited in its application to persons and affairs connected with war. Military offence. A crime under the laws or articles of war, or punishable violation of the laws regulating the army. connected with war or preparations for offence or defence. The statutory exemption of property of " soldiers in actual military service " from attachment does not extend to persons in the naval service. Abrahams v. Bartlet, 18 Iowa, 513. A contractor with the government to transport from port to port, remote from any seat of war, stores and supplies not forming any portion of the stores or supplies of an advancing or retreating army, is not a person "in the mihtary service of the United States," within the act of March 3, 1849, " to provide for the payment of horses and other property lost " in that service. Stuart V. United States, 18 Wall. 84. Military tenure. The tenures by knight-service, grand serjeanty, and cornage, were so styled in old English law. They were all abolished, in 1660, by Stat. 12 Car. II. ch. 24, except the honorary services of grand serjeanty. 2 Bl. Com. 59-77; 1 Suph. Com. 181-205. Military testament. A term sometimes applied to a wiU allowed to be made by a soldier in service, without observance of forms ordinarily prescribed;. a nuncupative will of a soldier.